Potter v. Greenberg

Citations

• 24 Pa. Super. 505
• 1904 Pa. Super. LEXIS 223

Syllabus

<p>Contract — Agreement by owner to pay material men — Statute of frauds.</p> <p>Where an owner and builder agrees to pay a contractor for both labor and material but - subsequently agrees to pay the material man of the contractor directly for the material, and at the time accepts an order drawn by the contractor in favor of the material man payable after, the completion of the contract, the owner and builder is liable directly to the material man for the material furnished, notwithstanding the order, and notwithstanding the facts that the claim of the material man does not reach the amount of the order, and the contractor does not fully complete his contract. In such a case the statute of frauds has no application.</p>